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CONSTITUTIONAL BODIES

OFFICER FOR SPECIAL LINGUISTIC MINORITIES:-

• It is a constitutional office headquartered in New Delhi. 


• There are 3 regional offices - Kolkata, Chennai, and Belgaum
(Karnataka).
• The report is submitted to the president through the ministry of minority
affairs. 
• Special Officer for Linguistic Minorities was incorporate through the 7th
constitutional amendment in article 350B of the constitution.
• The report is submitted to the president through the ministry of minority
affairs.
• The Special Officer for Linguistic Minorities looks into the safeguards
provided to linguistic minorities, investigates matters related to linguistic

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minorities and their implementation.

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• It also promotes and preserves linguistic minority groups. 
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Article 350A of the constitution is one of the directions to the states
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outside DPSP, it provides for an adequate facility for instruction in


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mother tongue up to the primary level to children of minority groups.  


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FINANCE COMMISSION:-
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• The finance commission is the balancing wheel of fiscal federalism, as


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envisaged under article 280 of the constitution. 


• The constitution provides for a chairman and 4 members but
qualification is determined by the parliament. 
• The major functions of the finance commission are; 
• Distribution of net proceeds of taxes to be shared between centers and
states. 
• The principles that should govern grant-in-aid. 
• The measure to be taken to augment the consolidated fund of the state
for better devolution of funds to PRIs and ULBs. 
• Any other matter that is referred by the president. 
• The FC must also define the principles on which it arrived at the
conclusion.
• The recommendation of the Finance Commission is advisory in nature
but generally, they are never rejected.

Union Public Service Commission / State Public Service Commission


(UPSC/SPSC)

• These are constitutional bodies.


• Membership ( UPSC ):- The composition is determined by the
President and not specified in the Constitution. ( Normally 9 to 11
members including that of Chairman).
• Membership ( SPSC ):- The composition is determined by the
Governor and not specified in the Constitution.
• Qualification ( UPSC & SPSC Members) :- Not specified with the only

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condition that one half of the members should have held office for at

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least ten years either under the Government of India or under the
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• Tenure- 6 years in office or 65 years of age whichever is earlier for


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UPSC & 6 Years in office or 62 years of age whichever is earlier for


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SPSC.
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• Removal ( Same for both UPSC & SPSC ):-


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Can be Removed by President in following cases :-


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• A) If adjudge insolvent.
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• B) If engaged in paid employment outside office.


• C) If in the opinion of the President unfit to continue by reason of
infirmity of mind or body.
• For other matters such as misbehaviour the enquiry is conducted by
Supreme Court and binding advice is rendered to the President leading
to removal.
• UPSC conducts exams for All India Services, Central Services and also
serves the needs of a state if requested by the Governor with the
approval of the President.
• SPSC conducts examinations for recruitment to different services of the
state.
• It is consulted in matters of recruitment, disciplinary matters, etc
• UPSC / SPC is not consulted in matters of reservation
• UPSC/ SPSC is not consulted in matters, related to reservation,
diplomatic appointments, etc. It is a recommendatory body.
• The President places before both the houses of the Parliament the
Report of UPSC along with the action taken and reasons for non-
acceptance of any advice.
• The Governor places before the state legislature the reports of SPSC
along with the action taken and reasons for non-acceptance of any

Goods and Services Tax (GST) Council:

• The GST Council was established through the 101st Constitutional


Amendment.
• The Union Revenue Secretary acts as the ex officio secretary to the
council.

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• GST Council is the constitutional body under Article 279A of the

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constitution.

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• Article 279A was implemented through a presidential order that
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constituted the council. 
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• The GST has revolutionised indirect taxation in the country.


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Major benefits:
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• Economic integration 
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Uniform tax structure 


• Better allocation of resources 
• Expanding the tax base 

Composition of the council:

• Union Finance Minister as the Chairman 


• Vice-Chairman is elected to from the members of the Staes. among
themselves.
• Union Minister of State in charge of revenue or finance.
• The minister in charge of finance or taxation or any other minister
nominated by the state
• All the decisions of the council are taken by 3/4th majority 
• The Union Government has 1/3rd vote while states combined have
2/3rd votes together 

The GST council performs the following tasks:

• Deciding over the merger of taxes, etc levied centre, state, or local
bodies into GST.
• Threshold limit of turnover which can be exempted from GST, etc.  
• Indirect taxes such as Aviation Turbine Fuel (ATF), Crude Oil and
Products including CNG, liquor for human consumption, etc are not
within the ambit of GST.
• The states are reluctant to give these powers to GST council as these
taxes are a major source of revenue in the state's indirect tax net

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Comptroller and Auditor General of India

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• It is provided under article 148. @
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• Dr. BR Ambedkar termed the office of C&AG shall be the most


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important officer under the Government.


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• C & AG is the guardian of Public Purse.


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He is not eligible for further employment after retirement.


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• Removal in a manner similar to that of SC judge.


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• Tenure - 6 years or 65 Years of age whichever is earlier.


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• The certification of CAG is final w.r.t. to net proceeds ( Article 279).


• The office of CAG is a unitary feature.
• It is a powerful office. E.g.- Ex CAG revealed that Rs 1.76 lakh crore of
“presumptive loss” to the exchequer in 2G allocation.
• C & AG is not eligible to be employed further under the Government of
India after the relinquishment of the post of C & AG but he can take
constitutional posts.
• Major Functions :-
• Audits the expenditure from Consolidated Fund of India, Consolidate
Fund of Each State and Union Territory with legislature, Contingency
Fund of India , Public Account Fund of India & of different States.
• Article 150 of the Indian Constitution provides for C & AG advising the
President in the form the accounts of Union and States shall be kept.
• C & AG facilitates the accountability of the executive towards the
Parliament in Sphere of Financial Administration.

National Commission for SC/ National Commission for ST ( Article 338 /


Article 338 A )

• To look into the safeguards provided by the constitution.


• Created under articles 338 and 338 A respectively. 
• Membership :-
• SC / ST Commission :-
• Chairperson , Vice Chairperson and three other members.
• Appointed by the President by his hand warrant and seal.
• The Conditions of service and tenure are determined by the President.

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• They investigate and oversee the legal and constitutional safeguards

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for SC’s/ ST’s respectively.

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• The National Commission for Scheduled Tribe also has additional
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functions such as safeguarding the rights of Tribal Communities , their


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development , Livelihood measures etc.


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• The Central and State Governments also consult the commissions on


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matters related to SC’s and ST’S respectively.


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• They also look into specific complaints.


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They have been bestowed with powers of a Civil Court with respect to
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Summoning, receiving evidence on Affidavit , production of documents


etc.
• The reports of the commission are submitted to the president who
places them before both the Houses of Parliament along with the action
taken on the recommendation and reasons of non-acceptance if any.
•  The reports of the commission are also forwarded to the governor who
places before the respective legislature along with the action taken and
reasons of non-acceptance if any.
• Article 341- Presidential Order of Schedule caste (1950)
• Article 342- Presidential Order of Schedule Tribe (1956)
• Article 342A- Socially and Educationally Backward classes
National Commission for Backward Classes (Article 338B)

• 102nd Constitutional Amendment Act established National commission


for other Backward Classes thus giving constitutional status to the body.
• The National OBC commission used to be a statutory body but the Act
was repealed by Parliament.
• Composition: Chairman. Vice-Chairman, Three other members.
• Appointed by the President by his hand warrant and seal.
• The Conditions of service and tenure are determined by the President.
• They investigate and oversee the legal and constitutional safeguards
for Other Backward Classes.
• They have been bestowed with powers of a Civil Court with respect to

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Summoning, receiving evidence on Affidavit , production of documents

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etc.

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• The major function of the commission is to enquire into complaints with
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respect to the rights/safeguards of socially and educationally backward


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classes.
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• To enquire into complaints with respect to deprivation of rights of


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The reports of the commission are submitted to the president who


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places them before both the Houses of Parliament along with the action
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taken on the recommendation and reasons of non-acceptance if any.


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•  The reports of the commission are also forwarded to the governor who
places before the respective legislature along with the action taken and
reasons of non-acceptance if any.

STATUTORY BODIES

Lokpal:-

• Since we are a democratic country, corruption is against the spirit of


democracy.
• It is a statutory body.
• It has powers of a civil court.

• Structure :-
• 1 chairperson and not more than 8 members.
•  At least half of the members must have a judicial background and at
least half should come from SC, ST minorities, women.

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• The act also fixes the term 5 Years Tenure or 70 years of age for the

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chairman or Members.

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• Jurisdiction :-
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• The Prime Minister.


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• Ministers.
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Members of Parliament.
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• Group A , B , C , D officers and officials of Central Government.


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At least half would be Judicial Members.


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• Collegium :-
• Prime Minister.
• Leader of Opposition in Lok Sabha.
• Chief Justice of India or a sitting judge nominated by CJI.
• Eminent Jurist.
• It can refer matter for Preliminary Enquiry and Investigation.
• Special Courts would set up for Trial.
• There will be Prosecution Wing and Enquiry Wing of Lokpal.
• The President shall place annual reports before both the houses of
Parliament along with reasons for non acceptance if any.
CVC:-

• Composition -:
• Chairman + 2 Vigilance commissioners.
• Tenure 4 years or till he attains the age of sixty-five years, whichever is
earlier. 
• The committee to appoint CVC and VCs is very small when compared
to Lokpal (PM, LoP in LS, and Union Home Minister)
• The salaries and allowances are not charged upon CFI.
• In cases of proved misbehaviour or incapacity, they can be removed
after the inquiry by SC and it is not binding.
• The CVC is a statutory body like that of Lokpal but Lokapal has a larger
jurisdiction.

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National Human Rights Commission (NHRC):- @
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• A statutory body established through the protection of the human rights


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act, 1993.
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• Limitations 
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• The commission can only inquire into violations of human rights that
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have taken place in the past year.


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• The NHRC is a recommendatory and advisory body.


• It can only seek a report from the central government.
• Amendments in 2019:-
• Chairman can be SC Judge as well. Earlier, it was only CJI.
• Chairpersons of the National Commission of Backward Classes, the
National Commission for Protection of Child Rights, and the Chief
Commissioner for Persons with Disabilities have also been added as ex
officio members.

Central Information Commission:-

• The CIC was established under the provisions of the Right to


Information act 2005.
• Composition:- CIC and not more than 10 Commissioners.
•  Collegium: PM, LOP ( LS) ( If not then Leader of Single Largest Party
in Opposition), Union Cabinet Minister ( Nominated by the Prime
Minister).
• The CIC is an appellate authority and also has suo-moto powers on
reasonable grounds.
• The RTI Act amendment 2019 has made changes such as-
• Previously the CIC and IC used to hold office for 5 years which now will
be decided by Central Government (RTI rules)
•  The salary, allowances, etc of CIC and ICs shall also be decided by the
Central Government.

NITI AAYOG:-

• After independence, Planning Commission and National Development

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Council were established.

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• It is an extra-constitutional, non-statutory body created by an executive

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• It is premier policy think tank of the Government of India.


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• Top-down (trickle-down approach)


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• Elements of cooperative federalism were missing from erstwhile


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Planning Commission.
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• Fountain approach (bottom-up approach)


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States as equal partners in national building.


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• Composition :-
• Chairperson :- Prime Minister of India.
• Members. :- Chief Ministers of all the states and Union Territories with
legislature and Lt. Governors of other Union Territories.
• There is a provision for Regional Council for specific purposes chaired
by chairperson of NITI Ayog or his nominee.
• There are three wings:-
• Research Wing, Consultancy Wing and Team India Wing.
• Major Objectives :-
• Promote Cooperative Federalism , Design Policy, Monitoring ,
Evaluation etc.
• Major Guiding Principles :-
• Antodya, Demographic Dividend, Governance , Inclusion ,
Sustainability etc.
• The two attached Offices are :-
• National Institute of Labour Economics Research and Development.
• Development Monitoring and Evolution Office.

Central Bureau of Investigation:-

•  It is a Non Statutory Body.
• It mostly takes up cases on the request of state governments, the order
of SC/HC, or the central government, or ordered by Supreme Court or
High Courts.
• Collegium- Prime Minister; Other members - Leader of Opposition/
Leader of the single largest opposition party, Chief Justice of India/ a

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Supreme Court Judge.

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• Challenges

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•  Excessive political interference @
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•  Lack of autonomy with respect to human resources, finances, etc.


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•  Delay in prosecution.
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•  In recent times, there also have been differences within the CBI.
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Way forward- 
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• It would be better if it takes cases related to corruption only (it was the
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primary purpose of the formation of the CBI).


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